Judge Says SC Sheriff’s DUI Arrest Illegal: Sheriff DeWitt May Get Off On Technicality

After being arrested on Sunday and charged with driving under the influence and fleeing the scene of a crime with personal injury, Sheriff Wayne DeWitt may get off on a technicality, reports Live 5 News.

It all started around 5:50 a.m. Sunday, December 28, as previously reported by Inquisitr. Troopers were called out to the scene of a hit-and-run accident in Berkeley County, South Carolina. Count on 2 reported that a Ford truck had rear ended another vehicle, causing personal injury to the driver of the other vehicle, and the driver of the Ford truck then fled.

Troopers located the truck at a nearby intersection, and were able to determine that it was the vehicle involved in the accident. The driver of the Ford truck was Sheriff Wayne Dewitt, who has been the Berkeley County Sheriff since 1994.

DeWitt was administered a field sobriety test, which he failed, and he refused the Breathalyzer test. DeWitt was promptly arrested on charges of DUI, as well as hit and run, and had his driver’s license revoked for a period of six months.

Sheriff DeWitt was sent back to Berkeley county for bond court, where now it appears that a judge is questioning the validity of DeWitt’s arrest.

During the bond hearing 12 hours after DeWitt’s arrest, Magistrate Judge James Polk questioned the validity of a state trooper arresting Sheriff DeWitt. According to South Carolina state law, only the county coroner has sole authority to arrest the sheriff, as reported by Live 5 News.

Judge Polk believes the arrest made by the state trooper may have, in fact, been illegal. Dewitt’s attorney said that could be determined at a later time, but was insistent upon DeWitt’s release on his own recognizance.

Therefore, ABC News 4 reports that Sheriff DeWitt was released on bonds of $10,000 and $997 on the two charges of DUI and his hit-and-run, also known as leaving the scene of an accident. His court date is scheduled for February.

The 21-year-old he rear ended was treated at the hospital and has since been released.

Chris Nisbet, Dorchester County Coroner, says the law regarding the sheriff’s arrest is “archaic” and needs to be amended so that any law enforcement officer can arrest sheriffs.

[Photo Credit: ABC4News.com]